I move: “That the Bill be now read a Second Time.”
I wish to share time with Senator McCormack. I welcome the Minister, Deputy Norma Foley. This Bill exists because at one of the most devastating moments imaginable, our system failed a mother. The Bill was not born out of theory or abstract policy discussion. It is not something dreamed up in an office or drafted in isolation. It exists because of a real woman, a real family and a loss are so profound that no parent should have to endure it.
I worked closely with the Irish National Teachers Organisation, INTO, in bringing this legislation forward. It was through that engagement that I first heard the story that inspired this Bill. I later spoke directly with the woman herself. I can say without hesitation that I was heartbroken listening to what she had been put through.
She was on maternity leave following the birth of her second daughter, who was just four and a half months old. Like so many families at that stage of life, things were busy and tiring, but full of love, and life was ordinary in the best possible way. Then, all of a sudden, everything had changed for her. Her older daughter became ill, and in the space of a very short time, she passed away. There are no words that can properly capture the death of a child. It is a loss that defies explanation, logic and language. It turns a family’s world upside down in an instant, and nothing is ever the same again.
This woman is a teacher. Under the circular, she was not entitled to four weeks of bereavement leave following the death of her own child. Here is where the system showed its coldest edge. Because she was already on maternity leave, she was told she could not take bereavement leave. She was also told that she could not defer, pause or postpone her maternity leave, so while everyone else in her family - her partner, her relatives and her loved ones - were able to take time off away from work to grieve the tragic loss of her child, she was not able to take bereavement leave for herself. In the eyes of the system, her living baby was weighed against her child who had died, as if one cancelled out the other one, as if maternity leave, which exists to allow a mother to take care of a newborn, could somehow be expected to carry the unbearable weight of child bereavement.
That is cruelty embedded in policy. It forced a mother, in the immediate aftermath of an unimaginable trauma, to remain on a form of leave that did not recognise what had happened to her emotionally, psychologically and physically. It sends a clear message that the system could not hold her grief. That is why this Bill matters.
Before I go any further in this debate, I want to be clear and honest. I do not know what is like to lose a child, but I have known close loss. I know how much grief is not something that just passes. It is not something that you can just move on from. Grief is ever-encompassing. It settles in every corner of your life. It changes how you see the world, how you relate to people and how you carry yourself through every single day. It does not disappear. It evolves. It reshapes you, and it becomes part of who you are. Knowing that, I cannot begin to imagine the depth of pain involved in losing a child and how it fractures a mother's sense of safety, identity and future. I cannot imagine waking up each day, carrying the loss, while still being expected to function as though nothing had fundamentally changed in my life. I hope with every part of me that I never know a loss like that.
What I do know is this. No mother experiencing the death of a child should have to be met with rigidity, silence and indifference from the State. The Bill does one simple, humane and necessary thing. It allows a mother to pause or defer her maternity leave in the event of the death of a child, and to resume that leave at a later date, when she is better able to care for herself, her baby and her family. It recognises that maternity leave and bereavement are not the same thing. It recognises that grief does not pause simply because a newborn still needs care. It recognises that the law must reflect lived reality, not just bureaucratic convenience.
Importantly, this principle exists in our legislation. We already allow for the postponement of maternity leave in cases of serious illness. We already accept that there are circumstances so overwhelming that the normal structure of leave must bend to human reality. This Bill simply extends the exact same compassion to parents whose lives are shattered by the death of a child.
It is tightly drafted, modest in scope and grounded entirely in lived experience, but its impact can be profound. What message do we send if we choose not to act? We tell grieving parents that the system cannot see them.
We tell them that their loss is an inconvenience. We tell them that their pain does not fit neatly into our rules to be recognised. We talk often in this House about family-friendly policies, supporting parents, mental health, dignity and compassion. This Bill turns those words into action. No parent should ever have to be told that they cannot grieve their own child because they are already on leave. No mother should ever again feel that her loss is being weighed, balanced or diminished by the existence of another child. We cannot undo the tragedy that led to this Bill being drafted, but we can ensure that no other family is treated with the same coldness by our system.
An amendment to this legislation has been brought forward by the Government. I have two clarifying questions. The amendment is for 18 months. Can I get the rationale as to why there will be a deferment for 18 months as opposed to six or 12 months? The rationale given is that the Government needs to examine the issues raised in this Bill alongside existing work to develop legislative proposals for pregnancy loss and miscarriage leave. This is the first time it is being spoken out loud in the House that the Government is looking at pregnancy loss and miscarriage leave. However, I know this was taken out of the Minister, Deputy Foley's, Department and put into the Department of enterprise. This Bill is not talking about pregnancy loss. It is talking about the loss of a child after they are born. Can we have clarity on that point? Has the Bill been read properly by the Department and the Government? If it is being lumped in with pregnancy loss and miscarriage leave, these are three different things altogether. I would like to have clarification on that.
I am very disappointed, to be honest. This afternoon, we had such a nice, powerful debate on maternal mental health supports, yet here, the Government is asking for deferment for a year and a half on something so simple. There is no cost. It is a cut and dry amendment that already exists in the legislation. We are just extending it to bereavement leave.